Orissa High Court
CRLMC/2967/2026 of SAGAR BEHERA Vs STATE OF ODISHA on 1 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2967 of 2026 CNR No. ODHC010644162026 Sagar Behera & Anr. ..... Petitioners Represented by Adv. – Rajalaxmi Biswal, B.S.Das -versus- State Of Odisha ..... Opp.Party Represented by Adv. – J.K. Ray, A.S.C. CORAM: THE HON’BLE
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2967 of 2026
CNR No. ODHC010644162026
Sagar Behera & Anr.
.....
Petitioners
Represented by Adv. –
Rajalaxmi Biswal,
B.S.Das
-versus-
State Of Odisha
.....
Opp.Party
Represented by Adv. –
J.K. Ray, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
01.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel for the Petitioners as well as learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.
3. By filing the present application under Section 528 of BNSS, the accused-Petitioners have approached this Court with a prayer for quashing of order taking cognizance on dated 17.06.2026 by the learned JMFC, Banarpal passed in G.R Case No.442(A) of 2026.
4. Learned counsel for the Petitioners, at the outset, contended that the Petitioners have approached this Court with a prayer for quashing of the entire criminal proceeding on the ground that even if the allegation made in the FIR is accepted, no case is made out against the present Petitioners. He further submitted that at the initial stage, the Petitioners were released by the Police under Section 41-A of the Cr.P.C. He further contended that though in the
Page 2 of 2. meantime charge sheet has been filed and cognizance has not been taken, however, there exists no specific material to implicate the Petitioners in the alleged crime. Learned counsel for the Petitioners, at this juncture, contended that he does not want to press this application at this stage with liberty to raise the same at the time of framing of charge.
5. Considering such submissions, the application is permitted to be withdrawn with the liberty as prayed for.
6. Further, taking into consideration the fact that the Petitioners were earlier released on bail by the Police under Section 41-A of the Cr.P.C and that in the meantime an NBW has been issued against the present Petitioners vide order dated 11.08.2026, this Court is inclined to grant the Petitioners another opportunity to participate in the trial. Accordingly, the order dated 11.08.2026 issuing NBW is set aside subject to Petitioner paying a cost of Rs.1000/- to the Advocates’ Welfare Fund of Local Bar Association. The Petitioners are directed to appear before the learned trial court and participate in the trial by remaining present before the trial court on each and every date fixed unless the personal appearance of the Petitioners is dispensed with. In the event of failure, it is open to the learned trial court to make any coercive measure against the Petitioners as per law.
7. With the aforesaid observations/ directions, the CRLMC application stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 11:36:27 Signature Not Verified